SB716 - Local government: ordinances: penalties for violation: nonresidential structures.

Amended IN Assembly August 28, 2026 Amended IN Assembly August 26, 2026 Amended IN Assembly August 20, 2026 Amended IN Assembly August 13, 2026 Amended IN Assembly July 17, 2025 Amended IN Senate May 23, 2025 Amended IN Senate May 06, 2025 Amended IN Senate April 21, 2025 Amended IN Senate March 26, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 716 Introduced by Senator Durazo (Principal coauthor: Assembly Member Mark González) (Coauthor: Assembly Member Caloza) February 21, 2025 An act to add Sections 25132.5, 25133, and 36900.5 to the Government Code, relating to local government, and declaring the urgency thereof, to take effect immediately. government. LEGISLATIVE COUNSEL'S DIGEST SB 716, as amended, Durazo. Local government: ordinances: penalties for violation: nonresidential structures. Existing law makes the violation of a county ordinance or a city ordinance a misdemeanor unless by ordinance it is made an infraction. Existing law specifies monetary fines for any violation of local ordinances that is an infraction, not to exceed specified amounts that vary based on the circumstances of the violation, as prescribed. This bill would, notwithstanding those provisions, authorize the county board of supervisors to impose fines, penalties, and forfeitures for violations of ordinances and to fix the penalty by a fine or imprisonment, or both. The bill would also establish the amount of the fine that may be imposed for the violation of a city or county ordinance, where the violation pertains to a nonresidential structure with a floor area of 20,000 or more square feet and the violation poses a threat to health and safety, to not exceed $1,000 for the first violation, $2,000 for the 2nd violation within 5 years of the first violation, and $5,000 for subsequent violations within 5 years of the first violation, as specified. This bill would declare that it is to take effect immediately as an urgency statute. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. Digest Key Vote: TWO_THIRDS MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 25132.5 is added to the Government Code, to read: 25132.5. (a) Notwithstanding the limits of upon the amount of a fine set forth in subdivisions (b), (c), (d), and (e) of Section 25132 and the limits of Section 25133, the fine for a violation of an ordinance where the violation pertains to a nonresidential structure with a floor area of 20,000 or more square feet and the violation poses a threat to health and safety is punishable by shall not exceed the following: (1) A fine not exceeding one thousand dollars ($1,000) for a first violation. (2) A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within five years of the first violation. (3) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within five years of the first violation. (b) (1) (A) The amounts in subdivision (a) may be increased by a factor of 10, up to a maximum of fifty thousand dollars ($50,000) per violation, if the violation results in a declaration of a state of emergency by the Governor or a federal disaster declaration. (B) This paragraph shall not apply to any of the following: (i) Before July 1, 2028, a structure that is located outside of the County of Los Angeles. (ii) On and after July 1, 2028, a structure that meets both of the following conditions: (I) Located outside of the County of Los Angeles. (II) Located in a region identified on the 0 to 30th percentiles of the CalEnviroScreen 5.0. For the purposes of this subparagraph, “CalEnviroScreen” means the California Communities Environmental Health Screening Tool developed by the Office of Environmental Health Hazard Assessment. (iii) Any of the following structures, as defined in Chapter 3 of the California Building Standards Code (Title 24 of the California Code of Regulations): (I) Group B (business). (II) Group E (educational). (III) Group I (institutional). (IV) Group M (mercantile). (2) (A) Where a nonresidential structure subject to this subdivision is leased, in whole or in part, to a tenant or other third party under a written lease or occupancy agreement and the violation arises from a condition, activity, equipment, or process that is within the possession, operation, or contractual control of that tenant or third party rather than the owner, the fine authorized by this subdivision shall be assessed against the tenant or other party in operational control of the violating condition, except as provided in subparagraph (B). (B) This paragraph does not limit the liability of an owner for a violation arising from a condition within the owner’s own possession or control, including, but not limited to, the structural, core, shell, or common-area elements of the property, or from the owner’s own failure to maintain the property consistent with applicable ordinances. (C) Nothing in this paragraph relieves a tenant or other party in operational control of a violating condition from liability for a fine assessed under this subdivision. (c) Nothing in this section shall limit the authority of a county to establish fines or penalties under any other provision of law. SEC. 2. Section 25133 is added to the Government Code, to read: 25133. The county board of supervisors may impose fines, penalties, and forfeitures for violations of ordinances. It may fix the penalty by a fine or imprisonment, or both. A fine shall not exceed one thousand dollars ($1,000). Imprisonment shall not exceed six months. SEC. 3. Section 36900.5 is added to the Government Code, to read: 36900.5. (a) Notwithstanding the limits of upon the amount of a fine set forth in subdivisions (b), (c), and (d) of Section 36900 and the limits of Section 36901, the fine for a violation of an ordinance where the violation pertains to a nonresidential structure with a floor area of 20,000 or more square feet and the violation poses a threat to health and safety is punishable by shall not exceed the following: (1) A fine not exceeding one thousand dollars ($1,000) for a first violation. (2) A fine not exceeding two thousand dollars ($2,000) for a second violation of the same ordinance within five years of the first violation. (3) A fine not exceeding five thousand dollars ($5,000) for each additional violation of the same ordinance within five years of the first violation. (b) (1) (A) The amounts in subdivision (a) may be increased by a factor of 10, up to a maximum of fifty thousand dollars ($50,000) per violation, if the violation results in a declaration of a state of emergency by the Governor or a federal disaster declaration. (B) This paragraph shall not apply to any of the following: (i) Before July 1, 2028, a structure that is located outside of the County of Los Angeles. (ii) On and after July 1, 2028, a structure that meets both of the following conditions: (I) Located outside of the County of Los Angeles. (II) Located in a region identified on the 0 to 30th percentiles of the CalEnviroScreen 5.0. For the purposes of this subparagraph, “CalEnviroScreen” means the California Communities Environmental Health Screening Tool developed by the Office of Environmental Health Hazard Assessment. (iii) Any of the following structures, as defined in Chapter 3 of the California Building Standards Code (Title 24 of the California Code of Regulations): (I) Group B (business). (II) Group E (educational). (III) Group I (institutional). (IV) Group M (mercantile). (2) (A) Where a nonresidential structure subject to this subdivision is leased, in whole or in part, to a tenant or other third party under a written lease or occupancy agreement and the violation arises from a condition, activity, equipment, or process that is within the possession, operation, or contractual control of that tenant or third party rather than the owner, the fine authorized by this subdivision shall be assessed against the tenant or other party in operational control of the violating condition, except as provided in subparagraph (B). (B) This paragraph does not limit the liability of an owner for a violation arising from a condition within the owner’s own possession or control, including, but not limited to, the structural, core, shell, or common-area elements of the property, or from the owner’s own failure to maintain the property consistent with applicable ordinances. (C) Nothing in this paragraph relieves a tenant or other party in operational control of a violating condition from liability for a fine assessed under this subdivision. (c) Nothing in this section shall limit the authority of a city to establish fines or penalties under any other provision of law. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: To ensure that nonresidential property owners maintain their property in a safe condition and expeditiously remedy any health and safety violations, it is necessary that this act take effect immediately. SEC. 4. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the concentration of populations in the County of Los Angeles in proximity to various land uses.